Medical Assurance Co., Inc. v. Hellman
Claim:
Client medical malpractice insurance carrier filed suit seeking declaratory judgment action that insured violated the policy's cooperation clause and therefore it no longer had a duty to defend or indemnify him. The United States District Court for the Northern District of Indiana, Allen Sharp, J., stayed the federal proceedings pending the resolution of pending and anticipated state court medical malpractice proceedings. Carrier appealed.
Outcome:
Client medical malpractice carrier prevailed and the stay was vacated and the was case remanded so that client medical malpractice carrier could proceed with its declaratory judgment action. Medical Assurance Co., Inc. v. Hellman, 610 F.3d 371 (2010)
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